Bricker v. Lightner's
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of assumpsit, brought to April Term 1859, by John Waggoner, executor, &c., of George Lightner, deceased, against John Bricker, to recover the value of two promissory notes, amounting to $1200, for money borrowed by defendant from the deceased, on or about the 13th of March 1853, which notes, it was averred, had been surreptitiously taken by defendant from the desk of the deceased, on the morning after his…
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Error to the Common Pleas of Cumberland county. This was an action of assumpsit, brought to April Term 1859, by John Waggoner, executor, &c., of George Lightner, deceased, against John Bricker, to recover the value of two promissory notes, amounting to $1200, for money borrowed by defendant from the deceased, on or about the 13th of March 1853, which notes, it was averred, had been surreptitiously taken by defendant from the desk of the deceased, on the morning after his death. The defendant pleaded non assumpsit, and on the issue thus made up the parties went to trial. The plaintiff having…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
Considering the lateness of the hour at which he pleaded the Statute of Limitations, we do not think the plaintiff in error, defendant below, entitled to complain that the cause was tried without a formal replication to his plea. He understood perfectly, from the course of the trial, that his alleged fraudulent seizure of the notes, whilst Lightner lay a corpse in his house, was the plaintiff’s answer to the plea of the statute. The cause was as fairly tried as if a formal replication of the alleged fraud had been first added to the…
2Cases cited1 opinion
- Glenn v. CuttleSupreme Court of Pennsylvania · 1854
3Cited by5 opinions
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Commonwealth v. KaySuperior Court of Pennsylvania · 1900
- Dalzell v. LewisSupreme Court of Pennsylvania · 1916
- Commonwealth v. MillerSuperior Court of Pennsylvania · 1906
- Quigley v. SwankSuperior Court of Pennsylvania · 1899